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92-038 RESOLUTION NO. 92R-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4166. WHEREAS, after a request for variance was received, a public hearing before the Zoning Administrator of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 4166 was approved covering the following described property: LOTS 1 AND 2 OF GADE SUBDIVISION, EXCEPT THE SOUTH 35 FEET OF LOT 2, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 8, PAGE 23, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Zoning Administrator action at a public hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted permitting a three-story, 10-unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.34.062.011 - Maximum structural height. (2 stories permitted; 3 stories proposed) That said variance be granted subject to the following conditions: 1. That street lighting facilities along Helena Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the office of the Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be VAR #4166 posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. The above-required improvements shall be installed prior to occupancy. 2. That subject proposal authorized by this decision shall be served by underground utilities. 3. That prior to issuance of a building permit, the petitioner shall either: (a) Submit a Lot Line Adjustment Plat to the Subdivision Section to combine the two (2) existing lots. Said plat shall be approved by the City Engineer and then recorded in the Office of the Orange County Recorder; or (b) Submit satisfactory evidence to the Subdivision Section showing that the property is one (1) legal parcel. A certificate of compliance shall then be obtained. ~ 4. That a Plan Sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 5. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the city of Anaheim in an amount as established by City Council Resolution. 6. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed on all garages and maintained as shown on submitted plans. 7. That prior to issuance of a building permit, the legal property owner shall prepare and record an unsubordinated covenant limiting occupancy of each apartment unit to no more than two (2) persons (other than children under the age of two ~, [2] years) per bedroom. Said limitation shall be included in each lease/rental agreement. A copy of the covenant shall be submitted to and approved by the City Attorney prior to recordation with the Office of the Orange County Recorder. A copy of the recorded covenant shall be furnished to the Zoning Division. 8. That an unsubordinated covenant shall be recorded with the office of the Orange County Recorder agreeing to provide the renter with written information obtained from the school district(s) pertaining to possible overcrowded conditions and busing status of the school(s) serving the dwelling unit. A copy of the covenant shall be submitted to and approved by the City Attorney prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division. - 2 - VAR #4166 9. That prior to issuance of a building permit for construction of the new apartment building, a six (6) foot high masonry block wall shall be constructed and maintained along the north, south and east property lines excepting the front setback where the wall height shall not exceed three (3) feet; provided, however, that the City Traffic and Transportation Manager shall have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian and/or vehicular circulation intersect. Said block wall shall be planted and maintained with clinging vines to eliminate graffiti opportunities. The 6-foot height of said block wall shall be measured from the highest adjacent finished grade level. 10. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No 1. of Exhibit No. 1 and Exhibit No. 2; provided, however, that: (a) The city Traffic and Transportation Manager shall have the authority to approve the specific design of the driveway on Helena Street which will be aligned for the purpose of retaining the existing mature pine tree. In the event said driveway cannot be designed in a manner satisfactory to the City Traffic and Transportation Manager, the pine tree may be removed; and (b) The on-site parking spaces shall be designed in a manner acceptable to the city Traffic and Transportation Manager. 11. That the developer of the proposed apartment building shall inform the adjacent church officials/employees who operate the church's child day care facility of the construction schedule: estimated dates of commencing and completing (a) demolition of the existing buildings, (b) any grading operations, (c) construction of the block wall along the property lines and (d) construction of the apartment building; the daily work hours; and any changes to the schedule or work hours. 12. That prior to issuance of a building permit or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. it 3, 4, 5, 6t 7t 8~ 9, 10.a and 10.b, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 13. That prior to final building and zoning inspections, Condition Nos. 1, 2, 9 and 10, above-mentioned, shall be complied with. - 3 - VAR #4166 14. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council of the city of Anaheim does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th day of February, 1992. OF THE CITY OF ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:dnl R34V4166.12 030692 - 4 - VAR #4166 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-38 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of February, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Daly ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 92R-38 on the 26th day of February, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of February, 1992. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 92R-38 duly passed and adopted by the City Council of the City of Anaheim on February 25, 1992. CITY CL~K~OOF THE C EIM